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    • I have previously posted about a dispute my parents have had with LL who has had little to do with the property they have rented for the last 35 years.   Fast forward to today, LL has applied for fair rent which was registered and the LL has finally brought the property to a safe standard following involvement from the local council.   We have received a new bombshell.. that the LL has applied for a possesion order under a notice of seeking possesion of a secure tenancy (NOSP).   Under grounds 3, 4 and 10.   I googled and found below:   Ground 3 –  Deterioration in the condition of the property The tenant, or anyone else living in the property, must have caused deterioration in the condition of the property or common parts. If damage is caused by a lodger or subtenant of the tenant (without the tenant's consent), possession will not be granted if the tenant has taken reasonable steps to evict that person. Ground 4 –  Deterioration in furniture provided The tenant, or anyone else living in the property, must have caused deterioration in the condition of furniture provided by the landlord in the property or common parts. Where damage is caused by a lodger or subtenant of the tenant (without the tenant's consent), possession will not be granted if the tenant has taken reasonable steps to evict that person. Ground 10 – Demolition or major works Where the landlord intends either to demolish or reconstruct or do works to the property and needs possession in order to do so. The landlord must prove that it intends carrying out works and such work cannot reasonably be carried out without obtaining possession.[2] If the tenant agrees to vacate the premises temporarily while the works are carried out then there may be no need for possession. The displaced tenant will normally be entitled to compensation.[3] See Problems during repairs for information on compensation for loss of home.   My question is, following the fair rent register and an agreement that parents were covered under the 1977 rent act we were under the impression this is a regulated tenancy, not a secure tenancy?? or is there no difference?   Its a private rent, not through housing association and the property has just been deemed as safe under by the council.   We have also never been approached by the LL to say they felt that my parents have caused any damage or deterioration in the condition of the property. If anything, over the years it has vastly been improved by my parents. We raised safety issue to the council following repeated attempts for LL to repair the dangerous electrics and blocked drains.   If there is no difference in the tenancy types, what should our next step be? any thoughts?   More info if needed in my original thread https://www.consumeractiongroup.co.uk/topic/421879-major-repairs-to-letting-of-a-sitting-tenant/?tab=comments#comment-5064284          
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Argos/Cabot - Which way next please


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emmm Just had a power cut??/

 

Sounds like Cabot are trying to find

that Euromillions win you had:madgrin:.

You could write to Cabots data Controller

IF You feel the searches are unfair.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for that, kind Sir.

 

I'm not too bothered whilst I'm struggling to get info from Argos, just wanted to know so I can keep an eye on them. If they do another within 28 days, then I'll get on to them.

 

If they do find my Euromillions win I'll treat all their staff to a party in the Caribbean as a finders fee cos I've been looking for it for years :lol:

 

Cheers

Up2

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Quick update -

 

15 minutes after sending an email and complaint form to ICO regarding Argos failing to comply, Argos have sent me an email apologising for not sending my SAR in time and it's on its way - sods law or the ICO are amazing at their job :lol:

 

Will let you know what information comes back

 

Up2

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sods law or the ICO are amazing at their job :lol:

 

 

I'd put all my eggs in the sod's law basket :p

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

Morning all,

 

Quick update on this.

 

Have received my SAR, and have requested mis-sold PPI and charges. Have had standard 'we are looking into it' letter regarding PPI. Nothing yet on charges so will be sending lba on Monday.

 

Two weeks ago I received a discount letter from Cabot. Ignored that one but now have had a letter from Ruthbridge threatening all the usual - CCJ, attachment of earnings, charging order.

 

Do I write to Ruth and let them know about the PPI and charges I'm claiming? or sit and wait and see what their next move is?

 

Advice as always gratefully received

Thanks

 

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Yes if it were me I would write and tell them to go forth and multiply personally, the Account is in dispute simples !!!!!!!!!! and yes tell them that you are reclaiming PPI and illegal charges depending on how much you owe they could be sending you a little cheque in the post. !!!!!!!!!!!!!!!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

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Hi HH,

 

Thanks for your reply!

 

My first thought was to send one, but thought it best to seek advice first. I will get a letter drafted up and posted over the weekend.

 

Cheers mate

Up2

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Yes it has been done succesfullly but I cannot find a link

to the case, it was a landmark judgement.

No doubt someone will have it and post it up for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes it has been done succesfullly but I cannot find a link

to the case, it was a landmark judgement.

No doubt someone will have it and post it up for you.

 

 

Thanks - would be much appreciated

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They're quite an interesting read.

 

Am in the process of suing BC, MBNA, Argos for unfair charges, all that came about through illness and mis-sold PPI that they wouldn't let me claim on.

 

Tempted to add to my court bundle (BC only at the moment) about the distress I received through the harassment by them and 1st credit. which caused me to take an overdose to escape it all.

 

Have found CAG since and am a bit more hardheaded when it comes to intimidation, but still it is food for thought

 

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  • 2 weeks later...

Morning all,

 

Could somebody please advise me on my next step with this please.

 

Just to re-cap, PPI claim with Argos, they've asked for a further 4 weeks to look into it. Have sent lba regarding charges. Past 6 weeks I've had a threatening letter, discount offer and external agency recovery notification from Cabot, and a letter from Ruthbridge with all the usual gumph.

 

I sent a letter to Ruthbridge advising of PPI claim and charges, they have responded with:

With regards to the matter of the mis-selling of PPI, this dispute is not something our client has been previously made aware of and they have advised that such a claim would need to be directed to the original vendor, in this case being Argos card services Ltd.

 

Under our clients instruction we would advise you to contact us in order to reach an amicable solution towards the repayment of the outstanding amount.

 

How should I reply to this? Or should I ignore and see what they do next. If they issue court papers will I be able to dispute on the grounds of the PPI?

 

As always appreciate your thoughts and advice.

 

Up2

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  • 3 weeks later...

Morning all,

 

I have received another letter from Argos saying that they are still investigating and hope to provide a final response within 30 days.

 

Their letter goes on to say:

 

We would like to remind you that the FoS do not have any jurisdiction in relation to insurance taken out prior to 14th Jan 2005 so I am unable to offer you FoS referral rights.

Is this right?

 

I'm still getting letters and phone calls from Cabot and now Ruthbridge in regard to this debt, (phone calls ignored obviously) but it's starting to get a bit tedious. Does anyone please have a good letter to fire off to them whilst I wait for Argos to deal with this?

 

Many thanks

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  • 3 weeks later...

Afternoon all,

 

So, the further 30 days they wanted to investigate are now up and I'm a bit stuck as to what I should do next?

 

As mentioned in post #66 their letter said - We would like to remind you that the fos do not have any jurisdiction in relation to insurance taken out prior to 14th Jan 2005 so I am unable to offer you FoS referral rights.

 

How's best to move forward with this please?

 

Many thanks in advance and as always your thoughts are appreciated.

 

Up2

 

p.s. On the up side Cabot and Ruthbridge have gone quiet

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  • 2 weeks later...

Morning all,

 

I have finally received a response from Argos and they are upholding my complaint. (Despite informing me how they are confident I was presented with all relevant info and it was explained clearly as they have rigorous processes in place :lol:) However, Their calculations differ greatly from mine. They have calculated interest as follows.

 

APR up to and including XX/07/07 25.9% (the account was opened at the tail end of 2002)

APR from xx/7/07 to xx/09/10 27.9%

APR from 9/10 to date 29.9%

 

Grand total of £17.11

 

Could Ims or somebody check this for me please.

 

They also say that the refund will be sent to Cabot to come off of the account!!

 

Grateful for your expertise help.

 

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Hi Havinastella,

 

Thanks for dropping in.

 

Up to when the PPI was cancelled in 2006 (44 months in total) £117.00 (ranging between £2 and £12 a month) with 26 months out of the 44 not charged because of zero balance.

 

Thanks

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